JH S.B. 1134 75(R)    BILL ANALYSIS


URBAN AFFAIRS
S.B. 1134
By: Whitmire (Bosse)
4-17-97
Committee Report (Unamended)



BACKGROUND 

Currently, state law relating to fire and police department records
requires complaints and disciplinary actions of officers to be contained
in the officer's personnel files.  The concern exists that some overturned
complaints maintained in an employee's personnel record are considered
public record and may  be used maliciously against a public employee.
This bill requires a police or fire department in a city with a population
of 1.5 million or more to transfer all documentation about completely
overturned charges against a police officer or fire fighter to an Internal
Affairs file.   

PURPOSE

This bill requires a police or fire department in a city with a population
of 1.5 million or more to transfer to all documentation regarding
completely overturned charges against a police officer or fire fighter to
an Internal Affairs Division file. 
 
RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 143.1214, Local Government Code, as follows:

  Adds new heading  RECORDS CONCERNING CHARGES OF MISCONDUCT   AND
DISCIPLINARY ACTIONS to Section 143.1214.   

  (a)  Requires a department head to order records of a disciplinary
action taken   against a fire fighter of police officer to be expunged
from certain files, if the   disciplinary action was overturned in its
entirety by certain persons or entities.    Provides that this subsection
does not apply if the fire fighter or police officer is   charged with
excessive force, rather than applying an additional prohibition to this
subsection if the disciplinary action was only reduced and not overturned. 

  (b)  Requires a police or fire department to maintain an investigatory
file that   relates to a disciplinary action against a fire fighter or
police officer, whether   sustained or not, rather than to maintain a
document relating to certain disciplinary   actions that the department
did not sustain.  Authorizes the department to release   information from
investigatory files under Subsections (c) and (d), except that the
department may release information from such investigatory files to
another law   enforcement agency or fire department. 

  (c)  Requires only documents stipulating discipline received by a person
to be   forwarded by the department head to the personnel file maintained
by the director.   Sets forth requirements for documents to be forwarded. 

  (d)  Prohibits files from being released to any party to an action until
relevancy is   judicially determined and an application for a protective
order limiting the use of a   file has been filed.  Authorizes the
department head or the departments head's   designee to stipulate that a
file is relevant.  Requires the department head to   ascertain that an
application for protective order limiting the use of the records to   the
immediate litigation has been filed each time such file is sought in a
civil or   criminal action, prior to any release of a department file. 

  (e)  Provides that nothing in this section is to be construed as to
prevent a police   officer or fire fighter from having access to any
personal file pursuant to Section   143.089. 
 
SECTION 2. Effective Date September 1, 1997.  Makes application of this
Act prospective. 

SECTION 3. Emergency Clause.